The Role of Party Self-Determination in Mediation Ethics

Research output: Contribution to conferencePresentationResearch

Abstract

Mediation ethics traditionally gives a central role to mediator neutrality and party self-determination. However, the relationship between these two concepts can sometimes give rise to ethical dilemmas, particularly in scenarios involving power imbalances or vulnerable parties. How, then, can the two notions be reconciled? This talk explores the idea that party self-determination, rather than mediator neutrality, should be given center stage in mediation ethics. This is because, first, party self-determination is what distinguishes mediation from other forms of dispute resolution and, second, it provides a principled basis for the legitimacy of mediation and its outcomes. Mediator neutrality can then be viewed as a tool to support party self-determination, rather than the other way around.
Original languageEnglish
Publication statusPublished - 2018
EventProfessional Development Seminar Series, Austin Association of Mediators - Austin, Texas
Duration: 14 Dec 2018 → …
https://www.austinmediators.org/event-3099109

Seminar

SeminarProfessional Development Seminar Series, Austin Association of Mediators
CityAustin, Texas
Period14/12/18 → …
Internet address

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self-determination
mediation
neutrality
moral philosophy
legitimacy
scenario

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Crowe, J. (2018). The Role of Party Self-Determination in Mediation Ethics. Professional Development Seminar Series, Austin Association of Mediators, Austin, Texas, .
Crowe, Jonathan. / The Role of Party Self-Determination in Mediation Ethics. Professional Development Seminar Series, Austin Association of Mediators, Austin, Texas, .
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abstract = "Mediation ethics traditionally gives a central role to mediator neutrality and party self-determination. However, the relationship between these two concepts can sometimes give rise to ethical dilemmas, particularly in scenarios involving power imbalances or vulnerable parties. How, then, can the two notions be reconciled? This talk explores the idea that party self-determination, rather than mediator neutrality, should be given center stage in mediation ethics. This is because, first, party self-determination is what distinguishes mediation from other forms of dispute resolution and, second, it provides a principled basis for the legitimacy of mediation and its outcomes. Mediator neutrality can then be viewed as a tool to support party self-determination, rather than the other way around.",
author = "Jonathan Crowe",
year = "2018",
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note = "Professional Development Seminar Series, Austin Association of Mediators ; Conference date: 14-12-2018",
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Crowe, J 2018, 'The Role of Party Self-Determination in Mediation Ethics' Professional Development Seminar Series, Austin Association of Mediators, Austin, Texas, 14/12/18, .

The Role of Party Self-Determination in Mediation Ethics. / Crowe, Jonathan.

2018. Professional Development Seminar Series, Austin Association of Mediators, Austin, Texas, .

Research output: Contribution to conferencePresentationResearch

TY - CONF

T1 - The Role of Party Self-Determination in Mediation Ethics

AU - Crowe, Jonathan

PY - 2018

Y1 - 2018

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AB - Mediation ethics traditionally gives a central role to mediator neutrality and party self-determination. However, the relationship between these two concepts can sometimes give rise to ethical dilemmas, particularly in scenarios involving power imbalances or vulnerable parties. How, then, can the two notions be reconciled? This talk explores the idea that party self-determination, rather than mediator neutrality, should be given center stage in mediation ethics. This is because, first, party self-determination is what distinguishes mediation from other forms of dispute resolution and, second, it provides a principled basis for the legitimacy of mediation and its outcomes. Mediator neutrality can then be viewed as a tool to support party self-determination, rather than the other way around.

UR - https://www.austinmediators.org/event-3099109

M3 - Presentation

ER -

Crowe J. The Role of Party Self-Determination in Mediation Ethics. 2018. Professional Development Seminar Series, Austin Association of Mediators, Austin, Texas, .